ISLAMABAD: The proposed 27th constitutional amendment introduces sweeping changes to the country’s political, military and judicial systems, marking a significant overhaul of the constitutional framework.
The key points of the amendment reveal a number of important shifts in power dynamics across various branches of government. One of the most notable changes is the establishment of a new position, the Chief of Defence Forces, which will be held by the Army Chief.
This consolidates military leadership under a single figure, strengthening the role of the Army Chief. Additionally, officers who achieve the ranks of Field Marshal, Marshal of the Air Force, or Admiral of the Fleet will remain in uniform for life, retaining their rank and privileges indefinitely. These positions will be subject to parliamentary impeachment, but their holders will enjoy judicial immunity similar to that of the President.
Under the proposed changes, the President, on the advice of the Prime Minister, will appoint the Army Chief, Naval Chief, and Air Chief. The role of Chairman of the Joint Chiefs of Staff Committee will be abolished, centralizing military authority. Furthermore, the Prime Minister will have the responsibility of appointing the Commander of the National Strategic Command from the Pakistan Army, based on the recommendation of the Chief of Defence Forces.
The amendment also proposes the creation of a Federal Constitutional Court, which will consist of an equal number of judges from each province. The President will appoint the Chief Justice and judges of this court, which will have the power to review its own decisions. Additionally, the court will provide legal opinions on matters referred to it by the President. The amendment also seeks to transfer the power to transfer High Court judges to the Judicial Commission. If a judge refuses a transfer, they will be deemed to have retired.
Another major aspect of the amendment is the removal of the suo-motu jurisdiction under Article 184, which currently allows the Supreme Court to take suo-motu notice of matters. The Federal Constitutional Court will hold jurisdiction over all lower courts, and its rulings will be binding on all other courts in Pakistan, except for those of the Supreme Court. Judges of the Federal Constitutional Court will serve until the age of 68, and the Chief Justice will retire after a three-year term. In the event of a vacancy, the President will appoint an acting Chief Justice.
The amendment also proposes that the President and governors will enjoy lifelong immunity from criminal prosecution. No court will have the authority to arrest or imprison the President or a governor during their tenure. This proposal strengthens the legal protections of top state officials, further consolidating their authority.
These proposed constitutional changes have significant implications for the balance of power between Pakistan’s military, judiciary, and executive. By centralizing military authority, altering judicial structures, and extending immunities to key leaders, the amendment could reshape the political landscape of Pakistan in profound ways.
